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The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald
The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald
Dalhousie Law Journal
The extent to which labour and employment law form an autonomous subsystem within the legal order is a significant matter in labour relations scholarship. Human capability theory helps explain how open legal constructs for structuring personal work relations are emerging in a relatively autonomous manner Similarly concepts of relational rights and relational contract theory assist in understanding the relatively autonomous development of restorative labour market regulation, with both substantive and procedural dimensions. Moreover dramatic changes in freedom of association doctrine under the Charter, which now procedurally protect collective bargaining, the right to strike and the independence of unions from management, …
Labour Rights As Human Rights: Turning Slogans Into Legal Claims, Judy Fudge
Labour Rights As Human Rights: Turning Slogans Into Legal Claims, Judy Fudge
Dalhousie Law Journal
What does it mean to say that labour rights are human rights? What is the role of the courts in transforming a political manifesto into a legal claim? The answers to these questions are developed in three parts. The first places the rights to organize, to bargain collectively, and to strike in the social and political context in which they are claimed, contested, and recognized. The second part examines what it means to say that labour rights are human rights with an eye to teasing out the significance ofthis characterization. Third, the role of the courts when it comes to …
Collective Bargaining In The Shadow Of The Charter Cathedral: Union Strategies In A Post B.C. Health World, Michael Macneil
Collective Bargaining In The Shadow Of The Charter Cathedral: Union Strategies In A Post B.C. Health World, Michael Macneil
Dalhousie Law Journal
For the first twenty-five years after the Canadian Charter of Rights and Freedoms was enacted, it appeared that it would have little impact on Canadian labour laws. The Supreme Court of Canada took the view that the guarantee of freedom of association in the Charter did not include a right to strike and did notprovide protection for collective bargaining. Common law rules regulating picketing did not come within the scope of the Charter's rules on freedom of expression. Academic commentators were divided on whether this was a good or a bad thing, some espousing the hope that the Charter could …
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Wrongful Termination Claims In The Supreme Court Of Canada: Coming Up Short, Dianne Pothier
Dalhousie Law Journal
The author concludes that the Supreme Court of Canada's narrow interpretations in Wal-Mart and Honda undermine the purposes of collective bargaining and human rights legislation, respectively Wal-Mart involves an unfair labour practice complaint following the closing of a store in Jonquibre, Quebec. The author contests the analysis of the Supreme Court of Canada, as being far removed from the context of the real difficulties in dealing with determined anti-union employers, instead facilitating statutory evasion. Honda involves a claim for wrongful dismissal, where the issue at the Supreme Court of Canada level is one of remedy, premised on the dismissal amounting …
Non-Majority Union Representation Conforms To Ilo Freedom Of Association Principles And (Potentially) Promotes Inter-Union Collaboration: New Zealand Lessons For Canada, Mark Harcourt, Helen Lam
Non-Majority Union Representation Conforms To Ilo Freedom Of Association Principles And (Potentially) Promotes Inter-Union Collaboration: New Zealand Lessons For Canada, Mark Harcourt, Helen Lam
Dalhousie Law Journal
North American union certification violates workers' freedom of association, a fundamental human right well established by the International Labour Organization (ILO); by denying workers the right to be represented when a majority of their co-workers does not favour a union. In Canada, the Supreme Court has drawn on ILO standards to recognize a constitutional right to bargain collectively and organize as part of freedom of association under section 2(d) of the Charter of Rights and Freedoms. However, such recognition of the ILO principles has, as yet, to translate into legislation that would provide non-exclusive, non-majority union representation, at least in …
Canadian Academic Tenure And Employment: An Uncertain Future?, Innis M. Christie, David J. Mullan
Canadian Academic Tenure And Employment: An Uncertain Future?, Innis M. Christie, David J. Mullan
Dalhousie Law Journal
Canadian academic employment relationships can be said to fall into three categories: 1) The traditional "contract-statute" relationship 2) The collective bargaining relationship, and 3) The "special plan" relationship.1 What is the legal nature of each of these relationships and what are the implications of each? Which issues have proved, or could prove, sensitive in the "contract-statute" setting? Can collective agreements or special plans provide better solutions? These are the fundamental legal questions, but tenure issues loom so large that they tend to swallow up the other questions and answers.
Collective Bargaining In The Public Sector: Bargaining Rights For Civil Servants In Nova Scotia, Elizabeth Shilton Lennon
Collective Bargaining In The Public Sector: Bargaining Rights For Civil Servants In Nova Scotia, Elizabeth Shilton Lennon
Dalhousie Law Journal
A fundamental premise of Canadian labour relations legislation is that all workers have a right to freedom of association, freedom to require their employers to bargain collectively with their chosen bargaining agent, and freedom to strike to persuade their employers to agree to terms and conditions of employment. Yet in all jurisdictions,' governments have denied or limited these rights with respect to their own employees. This discrimination reflects a deep-seated conviction among legislators and among many members of the public that government employees pose unique problems requiring special treatment in matters of labour relations. In this paper I propose to …